23.1010.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1463
of North Dakota
Introduced by
Representatives Porter, Bosch, D. Johnson, Lefor, Schauer
1 A BILL for an Act to amend and reenact section 44-04-21 of the North Dakota Century Code,
2 relating to legislative voting requirements.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 44-04-21 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 44-04-21. Open voting at public meetings required - Results recorded in minutes.
7 1. Unless otherwise specifically provided by law, all votes of whatever kind taken at any
8 public meeting governed by the provisions of section 44-04-19 must be open, public
9 votes, and all nonprocedural votes must be recorded roll call votes, with the votes of
10 each member being made public at the open meeting. Procedural votes must be
11 recorded roll call votes upon the request of any member of a governing body holding a
12 meeting subject to this section. As used in this section, "nonprocedural" should be
13 broadly interpreted and includes all votes that pertain to the merits of the matter before
14 the governing body.
15 2. Minutes must be kept of all open meetings and are records subject to section
16 44-04-18. The minutes must include, at a minimum:
17 a. The names of the members attending the meeting;
18 b. The date and time the meeting was called to order and adjourned;
19 c. A list of topics discussed regarding public business;
20 d. A description of each motion made at the meeting and whether the motion was
21 seconded;
22 e. The results of every vote taken at the meeting; and
23 f. The vote of each member on every recorded roll call vote.
Page No. 1 23.1010.01000
 Sixty-eighth
Legislative Assembly
1 Notwithstanding subsection 8 of section 44-04-18, the disclosure of minutes kept
2 under this subsection may not be conditioned on the approval of the minutes by the
3 governing body.
4 3. Subsection 1 does not apply to a nonprocedural vote relating to the consideration of
5 an amendment by a legislative committee or the legislative assembly during a
6 legislative session, unless otherwise required by legislative rule.
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Statutes affected:
INTRODUCED: 44-04-21
Enrollment: 44-04-21